BUSINESS TERMS AND CONDITIONS
These Conditions will apply to the Contract between you and us for the sale of Big Fit Nutrition Ltd. Sports nutrition products to you. Please read these Conditions carefully and make sure that you understand them, before ordering any Sports nutrition products from us. Please note by placing an order for any of our products, you agree to be bound by these Conditions and the other documents expressly referred to in it. If you refuse to accept these Conditions, you will not be able to order any Productsfrom us.
We amend our business terms and conditions from time to time as set out in this agreement. Every time you wish to order Big Fit Nutrition Sports nutrition products please check these Conditions to ensure you understand the terms and conditions that will apply at that time.
Article 1- OUR PRODUCTS
a) Fit Nutrition Ltd. brand, it is a leading sports nutrition brand formed from decades of experience in sports nutrition. Through our website we deliver a range of highest quality products including vitamin powder, vitamins and minerals and clothing.
b) The images of the sports nutrition products on our website are for illustrative purposes only, Although we have made every effort to display the colours and description accurately, we cannot guarantee that your computer display colours accurately our products may vary slightly from those images.
c) Although we have made every effort to be as accurate as possible, for all sizes, weights, capacities, dimensions and measurements indicated have a tolerance of 2%
d) The packaging of the nutrition products may vary from that shown in the images on our website.
Article 2- SALE OF PRODUCTS
a) The Company shall deliver the Products, when ready, to the Customer at the Customer facility or, if no such address is specified, to any address of the Customer to which correspondence and/or Products may previously have been addressed or sent. Unless otherwise agreed in writing, delivery shall take place at a time convenient to the Company.
b) Where the Company is responsible for delivery of the products, it will try to get the best possible delivery time and cost for the Customer. Prices include all packaging and packaging materials reasonably necessary to provide suitable protection to the Products for transportation purposes but all charges for freight will be according to the size of the order and are to be incurred by the Customer.
c) If you have any particular requests regarding delivery time please contact the Company before ordering and we will try to accommodate your request.
d) Delivery of the Order shall be completed when we deliver the Products to the address given in or where the Customer is responsible for delivery, when the Products are delivered.
e) The Company accepts no liability for loss of or damage to Products in transit unless the Company is notified in writing of the details of the loss or damage within seven working days following the acceptance of the products
f) If the products are damaged upon arrival, the customer should not sign P.O.D. in order for a replacement or credit to be issued by the company
g) The Company accepts no liability whatsoever where the Product are not received unless the Company is notified in writing of the details of the loss within seven working days of the receipt by the Customer of the Company’s invoice.
h) Any dates quoted for delivery of the Products are approximate only and the Company shall not be liable for any delay in delivery of the Products. Time for delivery shall not be of the essence unless previously agreed by the Company in writing.
i) The Company reserves the right to deliver the Products in advance of the estimated delivery date. If the Customer is responsible for the collection of the order, this does not apply as they accept responsibility for any delays.
j) If the Customer fails to take delivery of the Products or fails to give the Company adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Company, the Customer shall indemnify the Company in full against all loss, costs, charges and expenses incurred by the Company as a result of such failure. The price for such Products shall be due for payment as if the Products has been delivered at the time specified.
Article 3- ORDER ACCEPTANCE
a) The Customer shall be responsible for ensuring the accuracy and sufficiency of any Order.
b) The Company shall not be liable for the consequences of any inaccuracy in an Order or specification and will not issue a credit note in respect of an Order and will be entitled to charge the Customer for the costs it incurs by any variations to an Order.
c) The Company’s employees and agents are not authorised to make any representations or warranties concerning the Products unless confirmed by the Company in writing and signed by the director of the Company.
d) In entering into the Contract, the Customer acknowledges that it does not rely on any such representations or warranties which are not confirmed.
e) Any typographical, clerical or other error or omission in any literature, quotation, price list, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
f) Any samples supplied by the Customer to the Company in connection with an Order shall be delivered at the Customer’s sole risk and expense.
g) A quotation by the Company shall constitute an invitation to treat. All Orders by the Customer for Products are subject to acceptance by the Company.
h) All Products quoted from stock are quoted subject to the Products remaining unsold on receipt of the Customer’s Order and in any event quotations are for information only and shall not be binding on the Company.
i) The Conditions which shall supersede any earlier conditions of the Company shall govern the Contract to the exclusion of any other terms and conditions including any terms or conditions specified or referred to in any Order placed by the Customer and any terms and conditions of purchase of the Customer.
j) No variation to the Conditions shall be binding unless agreed in writing between the Customer and the Company and signed by the Company.
Article 4- INTERNATIONAL DELIVERY
a) Our Company deliver the products to various countries around the world; please contact us for an up-to-date list of International Delivery Destinations. However there are restrictions on some Goods for certain International Delivery Destinations, you may contact us for the details.
b) If you order for the delivery to one International Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict the amount for same.
c) For the payment of any such import duties and taxes you will be responsible. You may contact and confirm your local customs office for further information before placing your order.
d) You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
e) The Customer is responsible for obtaining at its own cost, any import licence and consents required for the products, if required by us, the Customer shall prior to the relevant shipment make those licences and consents available.
Article 5- CHARGES
a) Unless otherwise agreed by the Company in writing, the Charges relating to the Products shall be the price set out in the Company’s price list on the date of order.
b) The Charges shall be exclusive of any taxes.
c) Orders may be subject to a delivery charge. Customers will be made aware of this at time of order. All charges are excluding taxes.
d) Unless otherwise agreed by the Company in writing, the Company shall be entitled to invoice the Customer for the Charges and any delivery charge on the date the products are dispatched or collected.
e) The Customer shall pay the Charges and any delivery charge in pounds sterling by cash or wire transfer through credit card or internet banking
f) Company reserves the right to apply a surcharge in relation to credit card transactions.
Article 6- PRICE OF PRODUCTS AND DELIVERY CHARGES
a) We take all due care to ensure that the prices of every product are correct at the time when the relevant information was entered.
b) Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
c) Our website contains a large number of sports nutrition products, It is possible that, some of the products may be incorrectly priced. If we discover an error in the price of the products you have ordered our company will contact you to inform you of this error and give you the option of continuing to purchase the products at the correct price or cancelling your order.
Article 7- TERMINATION
a) On the acceptance by the Company of your Order, no cancellation or suspension, either in whole or in part, may be made by the Customer other than with the prior written consent of the Company and upon terms that the Customer shall indemnify the Company in full against all loss damages, costs, expenses and other liabilities awarded against or incurred by the Company as a result of or in connection with the cancellation
b) Without prejudice to any other claims or remedies which the Company may have against the Customer the Company may subject to the provisions of the Consumer Credit Act 1974, if applicable terminate the contract.
Article 8- LIABILITY
a) The products as soon as they are delivered to you are your responsibility and you are responsible for any onward supply, distribution or sale of the products. This means that you must take out and maintain appropriate public and product liability insurance in relation to the products.
b) It is your responsibility to store the products in a suitable environment and we are not liable where your failure to store the products properly causes loss or damage.
c) Nothing in these Conditions limits or excludes our liability for:
d) death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 or defective products under the Consumer Protection Act 1987.
e) We will under no circumstances whatever be liable to you, whether in contract, tort including negligence, breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
f) Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort including negligence, breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the product purchased by you.
g) Except as expressly stated in these Conditions, we do not give any representation, warranties or undertakings in relation to the products. we will not be responsible for ensuring that the Goods are suitable for your purposes.
h) The Customer shall indemnify and keep the Company indemnified against any liability including liability for negligence no matter when or how arising out of any claim by any third party against the Company in respect of or in connection with the use of the products together with all legal and other costs relating to any such claim except that in so far as the claim relates to direct physical damage to or physical loss of property resulting from the negligence of the Company.
Article 9 – WARRANTY
a) The Company shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company.
b) The Company warrants that (subject to the other provisions of these conditions) on delivery, the Goods shall:
c) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
d) be reasonably fit for any particular purpose for which the products are being bought if the Customer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Customer to rely on the skill and judgement of the Company.
e) The company shall not be liable for a breach of any warranty unless:
f) The Customer gives written notice of the defect to the Company, within seven working days of the time when the Customer discovers the defect; and
g) The Company shall not be liable for a breach of any warranty if the Customer makes any further use of products after giving notice; or the defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, installation, use or maintenance of the products
Article 10- INTELLECTUAL PROPERTY
a) Nothing in these Conditions shall be construed as conferring any licence or granting any rights in favour of the Customer under or in relation to any intellectual property or trade marks owned or claimed to be owned by the Company including, but without limitation, those trade marks applied to the products by the Company or on its behalf. The Company asserts its full rights to control use of its trade marks within the EU and elsewhere and the Customer shall provide all assistance necessary to prevent parallel importers from diluting the Company’s rights.
b) The Customer shall not use nor seek to register any trade mark or trade name including the domain name or company name which is identical to or confusingly similar with or incorporates any trade mark or trade name which the Company owns or claims rights in anywhere in the world.
c) The Customer shall promptly and fully notify the Company of any actual or threatened infringement or third party claims relating to any of the Company’s trademarks or intellectual property which comes to its attention.
Article 11 – FORCE MAJEURE
a) If the company fails to perform all or part of its obligations under this Agreement due to an event of Force Majeure, obligations on the party shall be suspended during the period in which such performance is affected. The Party affected shall notify the other in writing of the occurrence of such event as soon as possible, and shall, within 15 days after the occurrence of such event, provide the other Party with appropriate evidence in support of the occurrence of the event of force majeure and shall make all reasonable efforts to eliminate or minimise the effects of such event.
Article 12- GENERAL TERMS
a) In the event of any of the provisions set out in these Conditions being unenforceable or void for any reason whatsoever each condition shall be deemed to be severable from the remaining conditions and such remaining conditions shall remain in full force and effect.
b) These Conditions represent the complete agreement between the Company and the Customer and supersede all representations or other communications between them relating to the subject matter of the Contract.
c) Failure by the Company at any time to enforce provisions of this Contract shall not be construed as a waiver of any such provision or in any way effect the validity of the Contract or any part hereof.
d) These Conditions shall be governed and construed in accordance with Laws of United kingdom and the Customer agrees to submit to the exclusive jurisdiction of the UK Courts.
e) You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty whether made innocently or negligently that is not set out in these Conditions or any document expressly referred to in them.
f) You confirm that you have authority and you are eligible to enter into the contract by purchasing the products from our company
g) The terms and conditions in this agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether oral or written